SC stays Chief Secretary's prosecution in BMIC case

SC stays Misra’s prosecution
To Hear Other BMIC Pleas Today; Under Secy Too Gets Breather
The Times of India

New Delhi: The Supreme Court on Thursday stayed the prosecution of Karnataka chief secretary K.K. Misra, charged by the state High Court with “perjury and withholding” documents in the controversial Rs 2,250-crore Bangalore Mysore Infrastructure Corridor (BMIC) project.

It has fixed Friday for hearing other special leave petitions filed by the Dharam Singh government and legislators J.C. Madhuswamy and G.V. Sreerama Reddy.

A Bench of Chief Justice R.C. Lahoti, Justices D.M. Dharmadhikari and G.P. Mathur stayed the May 3 HC order pertaining to Misra’s prosecution and the trial of commerce and industries undersecretary M. Shivalingaswamy in the BMIC case. Quashing state government’s constitution of the K.C. Reddy expert committee to reappraise viability and to probe whether irregularities had taken place in the allotment of land for the project, the HC had asked its registrar-general to file a complaint to prosecute the two senior bureaucrats under Sec 340 of the CrPC, holding them guilty of “perjury”.

The state government’s appeal challenged the prosecution of senior bureaucrats and also scrapping of the expert committee. In response to the HC judgment, the Dharam Singh cabinet decided to stand by the chief secretary and move the apex court to protect Misra and Shivalingaswamy.

In a press release, marked “without prejudice’’, NICE welcomed the SC order. It said: “We sincerely believe that the respected chief secretary was under tremendous political compulsion and pressure when he signed the false affidavit.’’

It also said the SC would be able to “ascertain the exact political circumstances under which the CS was forced to sign the politically motivated false affidavit and corrupt politicians behind it’’.

Upholding the original framework agreement with the promoter, the HC had dismissed a PIL filed by Madhuswamy, Reddy and others, with cost.

The HC Bench of Chief Justice N.K. Sodhi and Justice B. Padmaraj had directed the Kalyani Group-led promoter consortium, NICE, to complete the project and asked the state government to honour the enabling framework agreement it signed with NICE in 1997.